PC 09/12/84 - Laserfiche WebLink

they were aware of the green belt and the fence. The fence was located on the brown line as shown on the exhibit on the wall. Weeds were as high as the fence. The issue, he felt, is what is to be planted in the green belt and who will maintain it. They are aware that there is a $70 assessment fee to maintain it. He stated that the split rail fence in his area has been removed. Mr. Goldsworthy has not yet completed his landscaping so he is not physically effected by the outcome of this application as presented. He felt however that to deny the modification would present a hardship to those of his neighbors whose landscaping has been installed. Commissioner Getty asked Mr. Goldsworthy if he wanted the open space to remain. Mr. Goldsworthy said he purchased the property with open space. Commissioner Wilson addressed the drainage of the area in the winter time and the fact that drainage occurs down the green belt. He felt that fencing might be desirable for security purposes. Mr. Goldsworthy indicated that they have to watch their dog because of lack of fencing and sometimes this is a problem. Commissioner Innes asked Mr. Goldsworthy about the split rail fence being taken down in his area. Mr. Goldsworthy says he has no idea how or when it was done but the fence is down. He doesn't especially have a problem with it being down however. Leland Collins, Lot 72, spoke in favor of the open space modification request inasmuch as he does not like people coming on his property and it doesn't add anything to the appearance of the area. Commissioner Wilson asked if Mr. Collins removed the split rail fence in his area. Mr. Collins didn't realize until later that he had encroached into the area shown as brown on the exhibit. A quit claim deed came through and this document appeared to make the property more manageable. Jim Evkimoff, 695 Windmill Lane, owner of Lot 49, and a salesman for Cork Harbour spoke in favor of the open space modification request. He sold many of the lots in the subject of this application. There was an attempt in the original plan to save the two oak trees, one on lot 49 and the other on lot 73. It was his understanding that the open space was approved because the City wanted to satisfy the neighbors on Mirador before the project was approved. They can't see the easement in the area. Cork Harbour shrunk the easement to accommodate the lots. By shrinking the easement on Lot 62 they can have a swimming pool. They didn't feel they were doing anything detrimental but rather improving the property. They are still using the same parameters, they are only improving it because no one wanted to purchase the properties the way they were. Their attorneys advised them that this was a private matter. Commissioner Innes asked Mr. Evkimoff when he presented the lots to potential buyers if he presented the new or old open space. Mr. Evkimoff stated that the open space was created because of utility problems and trees and now both of these problems have been corrected. They didn't realize that the issue should have been brought before the City. They were naive in this matter and not deliberately deceptive to the City. Commissioner Wilson suggested that - 7 -